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1950 Supreme(All) 368

MALIK, MUSHTAQ AHMAD
L. HAR SARAN DASS – Appellant
Versus
MUKANDI LAL – Respondent


Advocates Appeared:
GOPAL BEHARI

MALIK, CJ.

( 1 ) THIS is an application under Articles 226 (1) and 227 (1) of the Constitution of India read with sections 115 and 151, Civil P. C. A suit was filed before the First Munsif of Bulandshahr by mukandi Lal claiming that he was the reversioner of one Bakshi Ram. The plaintiff claimed possession of the property on the ground that after the death of the widow the succession had opened in his favour. The widow in her lifetime had made several transfers and the transferees were also impleaded as parties to the suit. Some property in Mussoorie had been transferred to the applicant who were residents of Mussoorie. A plea was taken on their behalf that the learned munsif of Bulandshahr had no jurisdiction to entertain the suit about the property situate in mussoorie which had been transferred to them. The issue of jurisdiction was framed as a preliminary issue and the learned Munsif came to the conclusion that he had jurisdiction to hear the case. The view taken by him was that there was one cause of action on the death of the widow and the plaintiff was entitled to take advantage of Section 17, Civil P. C. Reliance was placed on behalf of the defendants on certain observation





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